McLaughlin v. Kemp
Cases that cite this one
6 later published cases cite this decision.
- Koetting v. Conroy (Wis. 1937)
- Burch v. Lowary (Iowa 1906)
- Equi v. Licari (Mass. Dist. Ct., App. Div. 1985)
- Fozzy v. Kelley (United States District Court 1941)
- Bottcher v. Buck (Mass. 1928)
- Cruickshank v. Brockton Agricultural Society (Mass. 1927)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
It was admitted that the husband was the owner of the dog which bit John E. McLaughlin. We infer from the exceptions that he was also owner of all the dogs. A wife is not necessarily, as matter of law, a keeper of dogs which her husband owns and keeps on premises which she owns, and which both occupy as husband and wife, although she carries on a separate business upon the premises.
It was a question of fact for the jury whether the wife was the keeper of the dogs, and the ruling that, “ if they were her husband’s dogs, and he kept them there against her consent and contrary to her consent, and she did nothing to maintain or keep them, did not give them food, or protect them, of provide for them in any way, she would not be in the sense of the law a keeper of the dogs,” was correct. The instructions given were sufficiently favorable to the plaintiffs.
Exceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.